A PROPOSED LAW IN NATIONAL CITY WILL IMPACT THE OWNERSHIP OF RENTAL PROPERTY
The draft “Multi-Unit Smoke-Free” ordinance will make owners vulnerable to lawsuits and mandate additional disclosures and other paperwork. Additionally, it may very well result in a full ban on smoking at privately owned property.
The National City Council is scheduled to hear this as an information item on Tuesday September 16th.
Your attendance and input is greatly needed to help us stop or amend this ordinance.
The San Diego County Apartment Association (SDCAA) and the Pacific Southwest Association of REALTORS both support state law that codifies your right to ban or limit smoking at your rental properties. We also support your right to allow smoking. While this draft has provisions that will allow smoking in 20 percent of the units, this is in some cases null and void for those properties that do not have more than one building or the ability to group smoking units together. Those properties that opt to allow smoking will have the burden of providing additional disclosures and filing diagrams and other paperwork with the city. Duplex properties will have to decide to be either smoking or non-smoking; there will not be the ability to designate the two units differently.
The city has yet to identify which department will be responsible for the administration and enforcement of this ordinance. Nor are we aware of any fiscal analysis of the ordinance.
If passed, this ordinance will also require owners to place in third party beneficiary clauses in lease agreements. A third party is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. In this litigious environment and in an industry already targeted by frivolous lawsuits, this is something we are extremely concerned with.
Additionally, the ordinance states that “Any Person, including a legal entity or organization or a government agency, acting for the interests of itself, its members, or the general public may bring a civil action” with or without proof of actual damages. This could very well result in you being sued by a third party attorney's representing different special interest groups or individuals.
Please join us on September 16th at 5 p.m.at City Council Chambers, located at 1243 National City Blvd. National City,
Voice your concerns with the draft ordinance during the public comment period.
You may also use the attached draft letter to council and submit into the record.
A copy of the draft ordinance can be found <here>:
If you would like to be added to a mailing list to receive updates regarding this ordinance, please provide us with some contact information: